Shailesh Kumar @ Sailesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4155 of 2018 Arising Out of PS.Case No. -601 Year- 2017 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Shailesh Kumar @ Sailesh Kumar S/o Suresh Prasad Resident of Mohalla - Punaichak, P.S. - Shastri Nagar, Town & District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Rita Kumari D/o Sukhdeo Prasad Resident of Mohalla - Punaichak, Behind S.B.I. P.S. - Shastri Nagar, Town & District : Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Mishra, Adv. For the Opposite Party/s : Smt. Anita Kumari, APP For the informant : Mr. Vijay Kr. Sinha, Adv. Mr. S.K. Bhatnagar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2018 The petitioner is apprehending his arrest in connection with Shastri Nagar P.S. Case No. 601 of 2017, registered for offences punishable under Sections 341, 323, 498-A, 504/34 of the IPC.

Petitioner is husband of opposite party no. 2 and allegation against him is of demand of dowry and torture and cruelty to opposite party no. 2.

It has been submitted on behalf of the petitioner that only false and fabricated allegations have been made against the petitioner. Petitioner is ready to keep the opposite party no. 2 with full honour and dignity and he has also filed a petition under Section 9 of Hindu Marriage Act, for restitution of conjugal rights. Learned APP as well as learned counsel for the informant

Patna High Court Cr.Misc. No.4155 of 2018 (2) dt.02-02-2018 2/2 opposed the prayer for bail. Learned counsel for the informant submitted that earlier also, there was process of reconciliation between the parties but the same did not succeed. Having heard both sides, in view of the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -IV, Patna in connection with Shastri Nagar P.S. Case No. 601 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as well as subject to the condition that petitioner shall cooperate in the case filed under Section 9 of Hindu Marriage Act and shall also cooperate in the maintenance case if any filed/or to be filed by opposite party no. 2, failing which, his bail bonds shall be liable to be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T